Judgment

O. CHINNAPPA REDDY, J.:- Padman Meher and his son Bhagabat Meher who were tried along with Bidhu Meher on a charge under Section 302 read with Section 34 Indian Penal Code and acquitted by the learned Sessions Judge of Bolangir Kalhandi but, who were convicted, on appeal by the State by the High Court of Orissa under Section 302 read with Section 34 and sentenced to imprisonment for life are the appellants in this appeal. The case of the prosecution briefly was that the appellants were in possession of and cultivating the lands of the deceased Narayan and his uncle P. W. 1. P. W. 1 was living in a different village from his childhood and it was for that reason his lands were being cultivated by his relatives, the accused. The deceased had sold some and leased out the rest of his lands to the accused. A few months before the occurrence P. W. 1 came to the village and got a Panchayat convened to recover possession of his lands. He also petitioned to the Gram Panchayat. In this petition he made allegations against the deceased also. However, according to the case of the prosecution P. W. 1 and the deceased were making common cause against the accused. On September 6, 1969 at a